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Sidewinder

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Everything posted by Sidewinder

  1. The employer cannot legally withhold any holiday pay that accrues up to the date of termination. Any exception might be where there is a contractual obligation to repay training or other agreed costs In certain circumstances, where the correct notice is not worked, the employer 'can' sue for out of pocket expenses directly incurred as a result of that breach - for example having to engage somebody to cover work that your leaving without the correct notice led to it needing to be completed. That is rare however and would be more relevant to certain occupations
  2. Late to the party and all that, but be aware that trackers don't just record geographical position. They also include accelerometers and all sorts of data which when analysed will assess braking frequency and severity, yaw and pitch, together with speed and compliance to limits. The pressure to complete jobs whilst it might be a reason, is not justification for poor driving or breaking the law. Recognising that your driving style and lack of awareness of speed limits, together with a firm commitment to undertake driving assessment, more regular scrutiny and proving in the next few weeks will b
  3. What happened in M&S will be forgotten in no time. Staff change all the time and at the end of the day what you did does appear to be a genuine mistake. As already advised, DWF will do nothing beyond writing to you, you will have nothing on your record and it cannot affect your credit file
  4. https://www.bbc.co.uk/news/uk-england-london-50390425 Not attempting to tar all security guards with the same brush, but a prime example of (possibly) vulnerable young people being scared of threats that security guards MIGHT make to frighten those people into doing whatever they think it takes to avoid further trouble when caught shoplifting Where possible, if accused of shoplifting, people should insist on any discussions being held under camera, and with more than one person present. If offered to avoid escalation by giving favours to a guard/manager, then insist on
  5. How long have you worked there? Any previous allegations or disciplinaries against you? In the first instance you have the right of appeal, which you must use, but also continue with the GDPR request as suggested above Your problem - and it is a tricky one - is that the employer only needs to have a 'reasonable' belief of guilt, formed after a 'reasonable' investigation and taking into account the resources available. That is quite some hurdle for you to overcome, but the key word here is 'reasonable'. If they have assessed your guilt on the basis of CCTV NOT clearly s
  6. The above advice is sound. One chance to resolve and a reasonable deadline for doing so, then follow through with the threat. MoneyClaim for breach of contract and a demand to be paid what is due. You can claim for reasonable costs for time, copying, stamps etc and also add the fee for lodging the claim to the amounts owed plus interest. Make sure that the claim is served to the Defendant at the correct address and in the correct name. Unfortunately making the claim and getting a Judgment doesn't necessarily just result in the money being paid. You may need to pay more for enforcem
  7. Gross Misconduct isn't strictly defined - it is an issue which is considered so severe that it destroys the mutual trust and confidence of the employee/employer relationship. There are obvious examples such as violence, theft, drugs etc, but there are also other examples which may or may not be considered serious enough to dismiss. If the employee were to take the case to a Tribunal the only issues to consider are whether the dismissal was 'reasonable' in the circumstances (any reasonable employer would have reached the same outcome) and whether the decision was made after a 'reasonable' inves
  8. The retailer I do work for used to have a rogues gallery in a number of stores - polaroid type snaps not lifted from CCTV in many cases but with those detailed asked to look at the camera and watch the birdie (many I recall were smiling or posing for the camera). There were literally hundreds of photos on some of the walls with a summary of what they were suspected of taking written underneath. All disappeared a few years ago though and have never been seen since.
  9. As DX says try not to worry - even IF the police were contacted by Asda they would most likely not follow it up. The most likely reason for the guard taking the numberplate details would be to enter it on some sort of store reporting system. Details of incidents are logged purely for internal use and they might just cross check to make sure that other stores haven't reported the same type of incident with your car being used - it also helps the guarding contractor (stores mainly use outside security companies nowadays) to justify their existence in terms of actually stopping a theft. As an iso
  10. Whilst it may be true that any person can arrest and detain a suspected offender - that person using 'reasonable force' would be extremely unwise unless they have absolute certainty that a relevant offence has been committed. In the circumstances outlined in Post #2, it would be extremely foolish to detain somebody revisiting a store where an offence was merely suspected of taking place at some previous time, and no proof existed that it actually had
  11. Different outfit, but the same fleecing method as got my father. He had hired a car in Rome and unknowingly racked up half a dozen or so infringements of a controlled traffic zone during his stay. It took almost four years for the fleecers - a UK based DCA - to write threatening hell and damnation unless he paid them well over £1600. In father's case he paid up believing the threats to be legitimate, before owning up to me, and with very little research we discovered that he is not alone and many have been subjected to the same threats. With further research it also became clear that the
  12. You appear to be suggesting that a ban would be preferable to you than Points? I think it highly unlikely that with a clean licence, and your occupation you would be looking at a ban - certainly with remorse expressed, previously clean licence and needing to be able to drive for work. The amount of the fine could be high as it is based on income at that level, but I can't understand why you would want a ban rather than the likely 6 points? The offence code (so far as I am aware) would be SP50 irrespective of whether that results in a ban or not. If action was taken through the Mags C
  13. If it is a disciplinary hearing then you have a right to be accompanied by a Union rep or work colleague. Have you been advised of this? How long have you had to prepare for the meeting? What would be the case if your Union Rep or colleague was not available on that day. A 'reasonable' employer should postpone the meeting to allow you to have everything in place. Of course it may depend what your 'plans' are - a medical appointment might be one thing but it it is just meeting up with friends of going shopping then it may be that attending a meeting to decide your future employment might r
  14. Sadly the CCJ will remain there until August 2020 whether settled or not and paying it off at this stage will not drastically improve your credit rating, if at all
  15. As above - completely ignore CRS - they will make all kinds of threats but it is extremely unlikely that it will go any further than threats. It is not a criminal matter at all, so they would have to sue in the civil court which would cost far more than they could hope to recover - and even if it did go that far they would need to prove that you deliberately intended to steal rather than this being a genuine mistake. Of course the CR order relies on an admission of guilt in order to be issued, but as above this remains a civil matter and will not involve the police any further The CR orde
  16. The Wescot and Cabot ones stick out like a sore thumb - they only usually buy debts that have no hope of being enforced via the courts. Have any of the debts actually been through a court in the past?
  17. Wow! I bet very few if any will have adequate CCA agreements for those accounts. Get some CCA requests off and don't pay a penny more to those who cannot come up with the relevant paperwork
  18. A couple of things Has he been with the same employer for those 20 years? Has your husband contracted out of the Working Time Regulations? If he hasn't then he cannot be forced to work an average of more than 48 hours per week.If he has opted out in the past, then he can opt back in by giving the relevant written notice. Also, he should be having the rest breaks allowed by law and uninterrupted periods of at least 11 hours between shifts - is he getting adequate rest? Regarding the working conditions this sounds like more of a H&S issue. I am not familiar with the catering i
  19. Agree with the above - Superdrug are basically saying that as you were all together they are not trusting any of you to not be the next ones to try stealing so will not be prepapred to have you on the premises in future - just in case RLP are well known for sending their spurious bill for security costs to each of those who were detained so that hopefully one of you cracks and pays - effectively on behalf of all of you. You can confidently ignore anything that might be sent to you - and tell your friends to do the same, as RLP are not entitled to anything, and all they will do is send let
  20. I deal with security guards and others on an almost daily basis and they all use the word 'fine' It isn't however, but is merely an offer to pay an amount in settlement of the retailer's option to sue you in the County Court for what they deem to be a contribution to the costs of security. They will rarely, if ever, take that option as it has been proven in the past to not represent any genuine loss to the store, so you can safely ignore any demand for payment - and there will be several such demands, using increasingly alarming language, and maybe ultimately a letter from a debt collecto
  21. The Working Time Directive is clear that holiday pay should be paid at the time that an employee takes holiday. Rolled up holiday pay is considered unlawful under the WTD however the UK implementation of the Directive was not (nor is) quite so specific. Although the Government guidance is that holiday pay is unlawful, and that holiday pay should be paid based on hours worked at the time of taking leave, any employer still using the practice of rolled up holiday pay will have a defence to any claim for non-payment of holiday pay so long as the 'rolled up' element of pay is clearly separated and
  22. No - definitely not a conviction or a caution. A CR is an opportunity for first time low level offences to be dealt with outside of the court process and to avoid staining an otherwise clean record with a criminal record for something trivial and (hopefully) unlikely to happen again. Should there be further events, then the CR can be taken into account as 'history' of committing offences, but as per my previous, you can genuinely and honestly say that you have no convictions or cautions, as you don't. All that there may be is a record held locally that you were investigated for a matter of sho
  23. As above - NEVER pay RLP a penny. They are not entitled to it and there is no lawful reason why they should receive it. They will write and tell you that 'their client' reserves the right to take legal action, but that will never ever happen as the matter was dealt with at the time, the goods were recovered and Primark suffered no loss. RLP will claim that 'their client' is entitled to a contribution towards security costs - there are no costs applicable over and above what they would have paid the security guard(s) on that day had you not even entered the store, so again they have suffered no
  24. I had a speed awareness course once - I didn't see a sign and hadn't noticed there was a drop in the speed limit from 60mph to 40mph. I couldn't protest because it was my responsibility to be aware of the notified limit and drive within it. Whilst on the course we were all asked 'why' we were speeding and one lady was in almost exactly the same situation as you. She said that she thought the camera wasn't working so the person running the course asked whether, when she went into shops she checked where the cameras were so that she could steal from the store. Naturally she was incredulous at th
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